J.D.

123
Criminal Law 2

QUIZ 2
April 17, 2023

Please answer the following questions. The quiz consists of 6 questions for a total of 15 points.
Pls. email your answers with your names to: cfalguera@yahoo.com on or before 7:00 p.m.

1. Mayor A was charged of the crime of Technical Malversation under Article 220 of the
Revised Penal Code for diverting funds intended for the Feeding Program of
Malnourished Children of his municipality to the Shelter Program of the municipality in
order to feed volunteers of the Shelter Program who were in dire need of food. He
contends he is not guilty because of the following reasons: a) the money taken from the
Feeding Program are surplus or savings and could be diverted to the Shelter Program; b)
he acted in good faith since he consulted the heads of the accounting department of the
municipality if the food could be distributed to volunteers of the Shelter Program; and c)
the COA Municipal Auditor conducted a comprehensive audit of their municipality and
found nothing irregular in its transactions. Define the crime of Technical Malversation
and enumerate its elements? Is Mayor A guilty of Technical Malversation? (5 points)

2. B, owner of B Music Store, was charged for violation of Article 201 of the Revised Penal
Code (Immoral doctrines, obscene publications and exhibitions and indecent shows) for
selling pornographic VHS tapes and magazines (VHS is short for Video Home System and
was a standard for consumer-level analog video recording on tape cassettes invented in
1976 by the Victor Company of Japan). Pictures of men and women in the nude doing
the sexual act appeared in the VHS tapes and magazines. B argues that he is not guilty
because he was not present when the police, armed with a search warrant, raided his
store and confiscated the pornographic magazines and VHS tapes. Is B guilty? (3 points)

3. What is the test to determine the existence of obscenity in the case of Fernando vs.
Court of Appeals, 510 SCRA 351? (2 points)

4. True or False. Articles 195-199 of the Revised Penal Code have already been repealed
by P.D. No. 1602. (1 point)

5. Is vagrancy still punishable under Article 202 of the Revised Penal Code? (1 point)

6. Distinguish Direct Bribery from Indirect Bribery. (3 points)

After answering and e-mailing, you may now quietly leave our class. See you at our next
class! 

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